VISHNU DUTT SHARMA Vs. BHANWARI DEVI

JUDGEMENT

(1.) THE present appeal has been filed by the appellants-original plaintiffs under Section 96 of the CPC being partly aggrieved by the judgment and decree dated 1.9.08 passed by the Addl. District & Sessions Judge, Fast Track No. 3, Ajmer, Camp Kishangarh, District Ajmer (hereinafter referred to as 'the trial court') in Civil Suit No. 56/07 (3/07), to the extent of not awarding interest on the decreetal amount of Rupees One lac.

(2.) THE dispute in the present appeal runs in a narrow compass. The appellants-plaintiffs had filed the suit before the trial court seeking recovery of Rs. 2 lacs against the respondent-defendant alleging interalia that an agreement to sell the suit land was executed between the parties on 18.12.05 for Rs. 17 lacs and the plaintiffs had paid Rs. 1 lac towards the part payment. According to the plaintiffs, the defendant did not fulfill the condition of the agreement and did not execute the sale-deed and, therefore, the plaintiffs were entitled to get back the amount of Rs. 2 lacs in place of Rs. 1 lac as per the condition mentioned in the agreement. Since the defendant did not pay the said amount, the plaintiffs had filed the suit for the recovery of Rs. 2 lacs with interest from the date of the suit till payment. The trial court after considering the evidence on record partly decreed the suit, directing the defendant to pay only Rs. One lac to the plaintiffs, and did not award any interest on the said amount, vide the impugned judgment and decree. Being partly aggrieved by the said judgment and decree to the extent of non-awarding of interest on the decreetal amount the present appeal has been filed.